– If it goes on for too long, bad assessments can cause irreparable damage, says Kjersti Toppe, Minister for Children and Families (Sp). news recently told how “Sara” and “Amir” have been trying to reunite their family for four years. Although the court has time and again given the parents the right that it was not right to take the two young sons from them, and that both should return home, only one of the children is back with his parents. After more than four years away, the youngest son is so attached to the foster family that it has become difficult to move him back home. Child protection has created the problems in the family, not the parents, according to a final judgment. – I have lost hope. Trust. Everything, says mother “Sara” herself about the process. Child Protection has not wanted to comment on the specific allegations in the case to news. The Minister for Children and Families believes the case shows how long a year is in a child’s life, and how much responsibility child protection has to make the right assessments and ensure the legal security of children and families. – The case shows that people can win in court, but without getting the children back. I don’t know about this case, but I react like everyone else to this story, says Toppe and continues: – I think what is emerging is worrying. – Lots of power. Little control Gro Hillestad Thune, retired human rights lawyer, believes that there is no adequate legal certainty in child protection. It is about the great power employees in the municipal first-line service have to intervene in people’s private and family lives: – Without this being subject to proper control, she says. Gro Hillestad Thune, retired human rights lawyer. Photo: (private photo) Until 1999, she worked for 15 years at the European Commission of Human Rights in Strasbourg, among other things with child protection cases. Thune does not know “Sara” and “Amir”‘s case and speaks in general terms. She believes that in the cases where mistakes happen, it is difficult to get it rectified. – Legal certainty is equal to zero for children and parents, says Thune. She emphasizes that child protection is faced with difficult assessments and decisions. Mistakes can happen. Then you have to have a safety net that works when something goes wrong. – The rule of law is, after all, an opportunity to defend oneself against injustice and to have mistakes rectified, she says. Supervision has pointed out violations of the law in two rounds. Twice, the State Administrator has opened supervision of child protection in “Sara’s” and “Amir’s” case. In 2022, the State Administrator found several breaches of the law and shortcomings in the processing of the family’s case. “Our assessment is that municipality X has only to a limited extent been able to see the offenses or shortcomings in its own proceedings in this case,” wrote the state administrator. The municipality was asked to map the cause of all the errors that had occurred. Among other things, the state administrator has pointed out these errors: Placing the children outside the home without a legal decision The children have for several periods been placed outside the home without the necessary decision. Breach of child protection legislation and the Public Administration Act, according to the state administrator. Follow-up of relief measures The municipality has not met the requirements in the Child Protection Act regarding follow-up of relief measures, particularly because a plan should have been drawn up for the return of the little brother in 2022. Illegal restrictions on access There has been illegal regulation of access, in other words, the child welfare services have placed restrictions on visits that they are not allowed to have. The state administrator points out that the explanation given by child protection itself for this shows that they probably do not have a correct understanding of the right to regulate access. After the inspection, work was started with a guidance team in the municipality. Last year, the State Administrator initiated a new inspection of “Sara” and “Amir’s” case. Among other things, a clear breach of the duty of confidentiality was pointed out here. Afterwards, the municipality assured that they would clean up and go through their routines. They also made a plan to increase competence in law and child welfare work. The case was again closed by the state administrator. Barnevernet does not want to answer questions about the inspections today, but writes to news that they strive to fulfill the responsibilities they have under the Child Protection Act. – The municipality is learning that supervision helps to strengthen the quality of the child protection service. Now the municipality has been sued for the third time by one of the parents’ lawyers. The state administrator has not yet taken a decision on this complaint. Three types of damage from poor legal certainty Hillestad Thune says everyone in a democracy should be able to feel confident that when employees in public positions exercise their power, this is done properly. She is calling for statutory legal protection. – It’s about effective complaint and control options in situations where we experience the opposite, she says. Hillestad Thune says poor legal certainty leads to three serious injuries: – The person does not get help. Those who exercise power incorrectly do not get help to correct themselves and think anew. And there is distrust in the system, she says. Janne R. Fjelnseth, lawyer. Photo: Kjersti Nipen “Amir’s” lawyer Janne R. Fjelnseth says her client has lost trust in the system after a four-year process where you experience winning all the battles, but still losing the battle for your own child. – The Child Protection Service has received sharp criticism from the courts and from the State Administrator. Gradually, he has lost all confidence in the public assistance system. And especially to the child protection service, says the lawyer. Toppe: More transparency is needed in child welfare State Councilor Kjersti Toppe says a public committee is working to review legal certainty in child welfare. A report to the Storting on quality in childcare will be presented next year. – Children’s welfare must get better at learning from mistakes that are made, and learn from each other when you work well and succeed, says Toppe and continues: – I don’t think there is enough transparency and insight into the work of children’s welfare today. This is important to change. Children’s protection: We think of the best interests of the child. Sara and Amir’s home municipality has the following general comment on errors pointed out by the state administrator: – The municipality strives to fulfill its responsibilities under the Child Protection Act, both the municipality’s overall responsibility and the obligations in individual cases. The state administrator supervises the legality of the municipality’s fulfillment of its duties, and the municipality experiences that supervision contributes to strengthening the quality of the child protection service. Regarding the course of the case, they say that the best interests of the child are fundamental: – This means, among other things, that the child protection agency’s measures must be in the best interest of the child, but it also means that all decisions and actions that affect the child must be in the best interests of the child. The child’s opinion is a central factor in the assessment of what is in the child’s best interests and the child welfare service is responsible for ensuring that the right to participate is realized for the individual child, writes the lawyer in Sara and Amir’s home municipality. Published 23/09/2024, at 16.18
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– Bad assessments in child protection can cause irreparable damage – news Østfold – Local news, TV and radio
